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(영문) 울산지방법원 2016.08.25 2016고단1387
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was living together with the victim C (mast, 28 years of age) on the premise of marriage.

The Defendant, on April 17, 2016, at the victim's house located in Ulsan-gu D around 00:00 on April 17, 2016, the Defendant, while drunk, had the winded by the victim.

In doubt, two knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim for about 14 days, such as spam, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographss of parts of the victim's injury and on-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The defendant's reasons for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act to murder the victim merely with a knife that the victim was introduced by another person

There are circumstances in which the content of the crime is very scarcity and the motive of the crime is considered as being threatened with injury to the victim or cruel assault.

It is difficult to see that the victim was suffering from severe mental pain and fear, as well as physical harm, and since the appraisal of the damage seems to have yet to be recovered, it seems that the victim was inevitably punished with a knife, rather than a knife, and thus, it seems that there was no intention to inflict serious injury. The crime committed under the influence of alcohol was committed under the influence of alcohol, and part of the amount for the victim after the crime (4 million won).

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